[net.columbia] M-T engineers: war criminals?

doc@cxsea.UUCP (Documentation ) (03/27/86)

Henry Spencer, I think you may be overstating things a bit, in analogizing
shuttle engineers at M-T to officers and soldiers in time of war. I won't
rehash all the flames you've surely received, but I do want to make a point
about treaties and criminal law. And scapegoats. 

Yes, the Geneva convention has the force of law in the United States. So
does the Strategic Nuclear Non-proliferation treaty (or whatever its
called), which the Senate has also ratified. Recently here in Seattle, a
number of ACLU attorneys have relied on the non-proliferation treaty in
defending protestors charged with criminal trespass while trying to stop the
rail shipment of nuclear warheads to the Trident submarine base. This
defense has been unsuccessful, largely because courts are leery of
dismissing what amounts to a minor act of treason (as a rule - one I tend
agree with - you want to discourage people from stopping trains carrying
defense materials, unless they have an undisputably sound reason for doing
so, from the standpoint of public policy) in favor of a defense based on
something so far removed as a U.S. treaty: it's an atomic fly-swatter, so to
speak. I'm not suggesting they are correct in rejecting the Treaty defense,
for I believe it is a sound reason for stopping Trident. I am suggesting how
much real-world weight is normally given to the theoretical legal importance
of a U.S. Treaty in a criminal trial. However idealistic you may want or
expect our rocket engineers to be, they, too, like judges, must deal with
the very real-world problems of life in a non-altruistic society.

We cannot hold the engineers responsible for the institutional shortcomings
of their employers or NASA. To do so would be the worst form of scapegoat
hunting. The M-T engineers violated no treaty or law, save for that imposed
by their own consciences. They have committed no war crimes (which from the
start was a poorly-chosen analogy to this situation). The unintended deaths
of 7 volunteers, doing something whose risks they understood and freely
accepted, is a far cry from the mass genocide and war-mongering prosecuted
at Nuremburg and Tokyo. To compare the two is absurd and irresponsible, and
dilutes the gravity of the concept of a war crime. To be sure, civilians can
be prosecuted for war crimes, but there has to be a war. Germany's Krupp
family really took it in the shorts at Nuremburg for producing weapons again
before the ink had even dried on the Versailles treaty, which specifically
prohibited their doing so. I see no parallel in the actions of M-T's
engineers.

In a sense, the Challenger disaster provides a real opportunity for our
society by forcing us to analyze how we create complex systems and make
complex decisions in an atmosphere charged with politics and other
irrelevant criteria. We can only make this analysis if we refrain from a
witch-hunt, tracking down a handful of scapegoats to take the blame, surely
a misleading exercise in futility. So you nail a few asses to the wall:
there's plenty more where they came from - what have you done to stop them? 

Look at Lee Iacocca, the marketing genius behind the Ford Pinto, who is now
being touted as the next Democratic Presidential contender (Oh Lord, please
help us). Some years ago, a grand jury in the midwest indicted the Ford
Motor Company and several corporate officers on charges of negligent
homocide, arising from the fiery deaths of two little girls in the back seat
of a Pinto that was rear-ended, as Lee handed out Dutch-uncle smiles in
search of excellence. This was perhaps the first time in our history that a
corporate entity was charged with killing. The criminal theory was that Ford
knew or should have known that the Pinto's weak and vulnerable fuel-supply
system would almost certainly cause deaths which, for a mere $11.00 per car,
could have been prevented. Certainly, M-T's blunders were nowhere near as
callous as Ford's, yet all parties were later acquitted. If Ford wasn't
criminally liable, how can you suggest M-T's engineers are, to the point of
comparing them to war criminals, yet? What planet did you say you're from?

I feel pretty strongly about this. My country still refuses, for example, to
learn anything at all from the very costly private education we received in
international relations during the Vietnam conflict. We had to destroy
Vietnam to save it, we said, and stop the spread of communism. We
conveniently forgot about the fact that, at the close of WWII, Ho Chi Min
turned first to the U.S., not to China or the U.S.S.R., for help in creating
a true democracy in Vietnam, going so far as to copy almost verbatim our own
Declaration of Independence (they might have become a strong ally, instead
of just another antagonist at the U.N.), just as we forgot that we turned
him down to appease our French allies, who preferred a return to the pre-war
splendor of bureaucratic colonial life in Ho's homeland. We ignored the fact
that for a thousand years before a French merchant ship dropped anchor off
Da Nang in the 1850's, the Vietnamese people had successfully resisted
domination by China, whose God-less communist hordes, we were certain, would
overpower Vietnam absent the benign protection of the Johnny-come-lately
French. We ignored the fact that there was no real democracy in the corrupt
government of our democratic ally, and no popular support for it either.

Despite whatever we might have learned, revisionists are busy cooking up all
kinds of wildly glorified justifications and noble motives for that
mis-adventure, as we blithely head down the same by-now familiar and
well-worn path toward Nicaragua and, apparently, Libya, too. Instead of
taking our lumps and learning something, like any mature adult, we instead
try to blame someone. American leadership sometimes has the emotional
maturity of a spoiled teenager: "Gimmee gimmee gimmee and you go to hell,
and whatever bad that happens to me couldn't possibly be my own doing, so it
must be somebody else's fault".

We learned nothing from the Iranian hostage crisis, either: we had a handy
scapegoat in President Carter, whom Prince Ron and the news showed us to be
an inept buffoon who couldn't defend himself from a mere swamp rabbit
without a canoe paddle and a shotgun, let alone stop a bunch of moth-eaten
wild-eyed young fanatics from kidnapping sacred American citizens. It was
Carter's fault, they said, not three decades of oblivious neo-colonial
thinking by the U.S. State Department. We preferred to have Carter as a
scapegoat, despite the fact that all the hostages came home very much alive:
such is the work of an inept buffoon.

In the fifties, it was the "Who lost China?" syndrome that cost many people
their careers; no one had the vision to question our fundamental cold-war
policies of the time. No one, and certainly not Secretary of State John
Foster Dulles, considered the possibility that maybe we were wrong in how we
viewed the reality of the world, blinded by our own propaganda and the
inertia of his holy war against communism. The same line of non-thought took
us into southeast Asia. This must reflect some basic attribute of human
nature, explored at length by historian Barbara Tuchman in "The March of
Folly: From Troy to Vietnam", a book of surprising relevance to the
Challenger debate.

So long as we insist on viewing disasters as the stupidity of a few, rather
than the crude obliviousness of most large organizations, we will continue
to build shuttles that blow up, nuclear power plants that come close,
bridges that fall down, power blackouts, Pintos, and imposing war memorials
to people who die for nothing.

Assuming, for the sake of argument, that you are absolutely right, that the
M-T engineers were remiss in refusing to risk their careers in the name of
your truths and ideals by resigning and holding a press conference, so what?
What would have changed? They might have stopped the launch, for awhile, but
after they were sacked, what about the next launch, or the next vehicle
program? Then what? Who would prevent the next blunder if the only
conscientious engineers were long gone, retired early and raising prize
gladiolas in their back yards? No, we need these people. Your assertions
about legal niceties notwithstanding, they could easily be sacked; it's
easier than you think. Look up some recent U.S. labor law decisions -- in
the casebooks, not the glib knee-jerk newspaper stories -- and you'll see
what I mean.

The engineers weren't responsible, legally or morally. They went through
channels with their information, channels which exist for good reasons, such
as preventing information overload or keeping inaccurate data from reaching
critical decision-making nodes within the organization. That the
organization chose to push the button anyway reflects a structural weakness
in the organization's information-handling ability and is the responsibility
of those who maintain the organization: it's decision-makers - the managers,
directors, administrators and those who maintain the political matrix within
which such decisions are made.

_____________________________________________________________________

Turn off the news tonight and pick up a history book. With a little
humility, there's no telling what you might learn.




Joel Gilman
Motorola/Computer X
Seattle